Employment and Ibd: a Guide for Employees
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EMPLOYMENT AND IBD: INFORMATION SHEET A GUIDE FOR EMPLOYEES INTRODUCTION If you have Crohn’s Disease or Ulcerative Colitis – conditions collectively known as Inflammatory Bowel Disease (IBD) – you may be concerned about your employment position. You may be employed or looking for a new job. You may be on benefits and are thinking about returning to work. While IBD is a chronic (ongoing) condition, with appropriate treatment it is often possible to remain well for long periods. Many people with IBD are able to work and have successful jobs. This information sheet looks at some of the questions you may have about your possible options and how you may be protected by law. This information sheet also covers the Equality Act 2010, which applies to England, Wales and Scotland. The Act does not apply to Northern Ireland. If you live in Northern Ireland, you may wish to visit nidirect for further information on employment rights: www.nidirect.gov.uk DECIDING WHETHER TO DISCLOSE YOUR IBD... ...during the recruitment process You may be concerned that you will be at a disadvantage if you declare your IBD, whether on an application form, CV or at an interview. The Equality Act 2010 makes it unlawful for employers to ask intrusive questions about your health - including previous sickness absence - before making a job offer. This applies to questions on an application form as well as questions asked during an interview. This is to encourage employers to consider whether or not you can do the job rather than ruling you out early on in the process because of your health condition. There are a few exceptions to this. For details of these, see the disability discrimination guidance on the Acas (Advisory, Conciliation and Arbitration Service) website: www.acas.org.uk. ...once you’ve been offered the job Some job offers may be conditional on a medical examination or on satisfactory completion of a medical questionnaire after the job offer stage. A conditional offer should only be withdrawn on medical grounds at this stage if it can be shown that you would not be able to do the job once reasonable adjustments have been made. (See What are reasonable adjustments?). If you deliberately withhold information at this stage and it comes out later, you could risk being dismissed. 1 Crohn’s & Colitis UK | www.crohnsandcolitis.org.uk EMPLOYMENT AND IBD: A GUIDE FOR EMPLOYEES In deciding whether to disclose your IBD to a prospective employer, you might find it helpful to speak to a Careers Adviser. The National Careers Service can provide advice on job-hunting and applications for people of any age (see Other I have told my employer about Organisations). my Crohn’s. It has allowed If you do decide to mention your IBD to a prospective employer you may also find it me to be open about going to helpful to show them our leaflet Employment and IBD: a guide for employers. appointments and getting the ...in your current job time I need to go to hospital. It If your diagnosis comes once you are already working, or if your condition becomes helps to know I have the support worse, you may wonder whether to tell your manager about it. There is generally of my manager. no legal requirement to disclose a medical condition – unless it is required in your own personal contract of employment. While some people with IBD decide that they do not wish to disclose their IBD to age 34 Pamela, their employer, there can be some advantages in sharing information about your diagnosed with Crohn’s Disease in 2015 condition. Firstly, hiding symptoms can be a strain and it may be a relief to talk about your IBD. In a study into IBD and employment in 2015, the employees with IBD who had disclosed their condition to their employer said they felt that their employer was grateful. Once you have made your employer aware of your needs, they can consider reasonable adjustments for you. That said, if you do decide to disclose your condition, you may find that some employers show a lack of understanding, at least initially. If you want some support when you tell your employer, you could ask someone else to accompany you, such as a colleague, an occupational health worker or a trade union representative. You may also find it helpful to show your employerEmployment and IBD: a guide for employers. CHOOSING WHETHER TO TELL COLLEAGUES If you do decide to tell an employer or prospective employer about your IBD, you I told my team about my may not wish it to become public knowledge. You also need to decide if and condition. I felt happier that what you are going to tell your co-workers. Again, there can be advantages in they knew why I’ve had to take letting others know about your IBD. If fellow staff know that you have a long term condition and what it means, they are more likely to give you the support and sick days. assistance you need, helping to create a better working environment. If they don’t know, they may draw the wrong conclusions or believe you are getting Gari, age 31 preferential treatment if your employer makes adjustments for you. Being more diagnosed with Ulcerative Colitis in open could also mean that you wouldn’t, for example, have to hide taking your 2013 medication, that you have painful stomach cramps or that you are struggling to cope with fatigue. It is common for people to feel embarrassed when talking about bowel movements, so you may find it difficult to explain your symptoms, especially urgency and the frequent need to rush to the toilet. Using our information may help. As well as this leaflet, we also have a number of other information sheets and booklets, such as Understanding IBD: Ulcerative Colitis and Crohn’s Disease and Living with IBD that you could think about giving to your manager and/or your colleagues. Explaining that IBD is not infectious is often particularly helpful, as this may be a concern. It may also be useful to make it clear that IBD is different from Irritable Bowel Syndrome (IBS). In a survey we carried out into IBD and employment, it was found that eight out of 10 employees had told their employer or HR department about their IBD, 2 Crohn’s & Colitis UK | www.crohnsandcolitis.org.uk EMPLOYMENT AND IBD: A GUIDE FOR EMPLOYEES and nearly as many had told their co-workers. However just under half of the respondents reported worrying that their colleagues might think that they do not I have told the colleagues I pull their weight at work because of their IBD symptoms. A quarter also said that thought needed to know about they worried about being discriminated against in the workplace as a result of my Crohn’s. They have been their IBD. really supportive and it has been such a fantastic help in coping with my diagnosis, WHAT ARE MY EMPLOYMENT RIGHTS? appointments and any absences I have had to take. Employees have certain legal rights and you may have additional rights in your particular employment contract. You can get further information about general employment rights from several sources including the government website: www.gov.uk, ACAS, Citizens Advice (all listed under Other Organisations) and age 34 Pamela, trade union representatives. diagnosed with Crohn’s Disease in 2015 As someone with IBD, you may be particularly worried about whether your employer can dismiss you for ill health. The law does give some protection here but the level of protection will depend on whether you qualify as disabled under the Equality Act 2010 (see below When is IBD a disability?). WHEN IS IBD A DISABILITY? Many people with IBD do not consider themselves to have a disability, however, anyone with an ongoing illness may qualify for protection against discrimination. When asked whether or not they consider themselves to have a disability, just over half of respondents to our Employment Survey answered yes. The Equality Act 2010 defines disability as a physical or mental impairment which has an effect on a person’s ability to carry out normal day-to-day activities. This includes ‘hidden’ impairments or disabilities such as incontinence. The effect must be substantial, adverse and long-term. For example, the loss of bowel control is considered substantial and adverse if it is unpredictable and leads to immediate major soiling, even if it is infrequent. Minor but frequent loss of bowel control may also qualify as substantial and adverse. Long-term is generally taken to mean the effect has lasted, or is likely to last, at least a year. The fact that your IBD is a variable condition, generally with good days and bad days, does not affect your rights. The main point is that the overall effect is long- term. Importantly, in most cases, treatment for a health condition is not considered when deciding if someone is disabled under the law. This means that you may still benefit from the protection of the Equality Act even if your symptoms are controlled by medication. If you think you fit the criteria of disabled under the Equality Act and you feel able to speak to your employer, it may be worth talking to them to see how they can support you. WHAT PROTECTION DO I HAVE UNDER THE EQUALITY ACT? The Equality Act is in place to protect people against discrimination at work, including people who may consider themselves not covered by the Act, even those who are: 3 Crohn’s & Colitis UK | www.crohnsandcolitis.org.uk EMPLOYMENT AND IBD: A GUIDE FOR EMPLOYEES • working on a casual basis • on zero hours contracts • trainees, or • in some situations, self-employed.